How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty resulted in legal, monetary or other negative effects for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative result.

Matters of strategy do not constitute legal malpractice, but the lawyer you hire fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

Fraud in the use of funds

A misuse of funds by lawyers is one of the most frequent forms of legal malpractice (http://aragaon.net/bbs/board.php?bo_table=review&wr_id=516271). Lawyers are in a fiduciary relationship with their clients and are required to act with the highest degree of trust and fidelity, particularly when dealing with money or other property that the client has left to them.

When a client pays their retainer, the lawyer is required by law to put that money into an escrow fund that is only utilized for that particular case. If the attorney co-mingles the account with their personal funds or makes use of it for any other purpose, this is a clear breach of the fiduciary obligation and could constitute legal malpractice law firm.

Imagine, for instance, that a customer hires their attorney to represent them in an action against a motorist who struck them as they were crossing the street. The client can prove the driver's negligence and that the collision caused their injuries. However, their lawyer fails to comply with the deadline and is unable to file the case within the timeframe. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial losses due to the lawyer's error.

The statute of limitations limit the time it takes to sue an lawyer for malpractice. It can be difficult to determine when an injury or loss was due to the negligence of the lawyer. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and help you decide if you have a case that qualifies for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relation and a duty, breach and proximate cause.

Some common instances of malpractice include a lawyer commingling their personal and trust account funds, failing to timely file suit within the timeframe set by the statute of limitations and assuming cases in which they aren't competent, failing to conduct a proper conflict check, as well as not keeping up to date with court proceedings or new developments in law that could affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This does not only include email and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. It can be done by lying to the client, or to anyone else involved in the case. It is important to know the facts so you can determine if the attorney is insincere. It also constitutes a breach of the contract between attorney and client if an attorney decides to take on a case that is outside of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to provide advice

When a client hires an attorney, it is a sign that they've reached the point at which their legal situation is beyond their own skill and experience, and they are unable to solve it by themselves. It is the lawyer's duty to advise clients on the benefits of a case in addition to the costs and risk involved, as well as their rights. Lawyers who fail to do this may be guilty.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. For example, an attorney might not respond to phone calls or fail to notify their clients of the decision made on their behalf. An attorney may also be unable to share important information about a case or fail to reveal any problems that may arise from the transaction.

It is possible to claim a lawyer's negligence, however, a client must prove they were able to recover financial losses as a result of the lawyer's negligence. These losses must be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and a client and also bills. In the event of fraud or theft, an expert witness may be required to examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand how it applies in specific situations. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal malpractice attorney include failure to file a lawsuit within the statute of limitation, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. This means they must inform clients of any financial or personal interests that might affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the action is not beneficial.

In order to win a malpractice suit the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It's not enough to show that the result of the attorney's negligence was bad; for a malpractice claim to succeed, it must be proved that there is a high probability that the plaintiff could have won the case when the defendant had acted in accordance with standard practice.